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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No.1560/2024

Shankar Lal Meena Son Of Shri Ramkaranmeena, Resident Of

Near Jain Temple, Shivdaspura District Jaipur (Raj.)

----Petitioner

Versus

1. State Of Rajasthan, Through P.p.

2. Victim

----Respondents

For Petitioner(s) : None present

For Respondent(s) : Mr. N.S. Dhakar, PP

Mr. Gaurav Gupta, Asstt. GA

JUSTICE ANOOP KUMAR DHAND

Order

19/05/2026

1. By way of filing the instant criminal misc. petition, a

challenge has been led to the FIR No.63/2024, registered at

Police Station Jawahar Circle, District Jaipur City (East) for the

offence punishable under Section 376 IPC.

2. It has been averred in the instant petition that no such

incident as alleged in the impugned FIR, has occurred, even then

the petitioner has been implicated in the impugned FIR, lodged by

the complainant based on false averments. Subsequently, the

prosecutrix has submitted a compromise in favour of the

petitioner stating therein that she does not wish to pursue any

proceedings against the petitioner. Hence, a prayer has been

made to quash the proceedings arising out of the impugned FIR

on the basis of the aforesaid compromise arrived at between the

parties.

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3. It is well settled proposition of law that the power under

Section 482 Cr.PC is to be distinguished from the power which lies

with the Court to compound the offences compoundable under

Section 320 of the Cr.P.C. No doubt, under Section 482 of Cr.P.C.,

the High Court has the power to quash the proceedings even in

those offences which are not compoundable, where the parties

have settled the matter between themselves, but this power has

to be exercised fairly and with caution. Offence of rape is a

heinous crime punishable under Section 376 IPC.

4. The Supreme Court in Gian Singh v. State of Punjab

reported as (2012) 10 SCC 303 observed as under :-

“61. The position that emerges from the above

discussion can be summarised thus: the power of the

High Court in quashing a criminal proceeding or FIR or

complaint in exercise of its inherent jurisdiction is

distinct and different from the power given to a criminal

court for compounding the offences under Section 320

of the Code. Inherent power is of wide plenitude with no

statutory limitation but it has to be exercised in accord

with the guideline engrafted in such power viz.:

(i) to secure the ends of justice, or

(ii) to prevent abuse of the process of any court. In

what cases power to quash the criminal proceeding or

complaint or FIR may be exercised where the offender

and the victim have settled their dispute would depend

on the facts and circumstances of each case and no

category can be prescribed. However, before exercise of

such power, the High Court must have due regard to the

nature and gravity of the crime. Heinous and serious

offences of mental depravity or offences like murder,

rape, dacoity, etc. cannot be fittingly quashed even

though the victim or victim's family and the offender

have settled the dispute. Such offences are not private

in nature and have a serious impact on society.

Similarly, any compromise between the victim and the

offender in relation to the offences under special

statutes like the Prevention of Corruption Act or the

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offences committed by public servants while working in

that capacity, etc.; cannot provide for any basis for

quashing criminal proceedings involving such offences.

But the criminal cases having overwhelmingly and

predominatingly civil flavour stand on a different footing

for the purposes of quashing, particularly the offences

arising from commercial, financial, mercantile, civil,

partnership or such like transactions or the offences

arising out of matrimony relating to dowry, etc. or the

family disputes where the wrong is basically private or

personal in nature and the parties h